Note: The law has changed regarding Certificates
of Relief from Disabilities and applying for a commercial
drivers license after a DWI conviction. Please
see note below.

The laws governing the issuance of
certificates of relief from disabilities are set forth in Article
23 of the New
York State Correction Law. The excerpts below summarize
certain portions of those laws and are set forth merely for
convenience (as printed on the back of the DPCA-53 Certificate
of Relief). They are not intended as administrative interpretations
and they do not relieve any party of full knowledge of and
compliance with the applicable provisions of law. If
you have specific questions regarding specific circumstances,
you should consult with an attorney.

The certificate is issued to relieve the holder, an "eligible
offender" as defined in §700
of the Correction Law, of all or of enumerated forfeitures,
disabilities, or bars to employment automatically imposed
be law by reason of a conviction of the crime or offense
specified on the face of the certificate.

The certificate shall be considered a "temporary certificate" where

issued by a court to a holder who is
under a "revocable sentence" as defined in §700
of the Correction Law and the court's authority
to revoke such sentence has not expired, or

issued by the State Board of Parole
and the holder is still under the supervision of the
Board.

Where the holder is under a revocable sentence (note:
see Penal
Law 60.01(2)), the certificate may be revoked by the
court for violation of the conditions of such sentence
and shall be revoked by the court if it revokes the sentence
and commits the holder to an institution under the jurisdiction
of the State
Department of Correctional Services. Where the holder
is subject to the supervision of the State
Board of Parole, the certificate may be revoked by
the Board for violation of the conditions of parole or
release. Any such revocation shall be on notice and after
opportunity to be heard. If the certificate is not so
revoked, it shall become a permanent certificate upon
expiration or termination of the court's authority to
revoke the sentence or upon termination of the jurisdiction
of the Board of Parole over the holder.

Rights of Relief from Disabilities

as provided and summarized on the reverse
of the DPCA-53 Certificate of Relief from Disabilities form.

Where the certificate is issued by a court
at the time sentence is pronounced, it covers forfeitures
as well as disabilities. In any other case the certificate
applies to disabilities.

A conviction of the crime or offense specified
on the face of the certificate shall not cause
automatic forfeiture of any license, permit, employment
or franchise, including the right to register for or vote
at an election, or automatic forfeiture of any other right
or privilege, held by an eligible offender and covered by
the certificate. Nor shall such conviction be deemed to
be a conviction within the meaning of any provision of law
that imposes, by reason of a conviction, a bar to any employment,
a disability to exercise any right or a disability to apply
for or receive any license, permit or other authority or
privilege, covered by the certificate. Provided, however,
that no such certificate shall apply, or be construed so
as to apply, to the right of such person to retain or to
be eligible for public office.

A conviction of the crime or the offense
specified on the face of the certificate shall not prevent
any judicial, administrative, licensing or other body, board
or authority from relying upon the conviction specified
on the certificate as the basis for the exercise of its
discretionary power to suspend, revoke, refuse to issue
or renew any license, permit or other authority or privilege.

Instructions
for Completing an Application by an Eligible Offender
for a Certificate of Relief from Disabilities (form DPCA-52)

NOTE: Persons without counsel are advised
to consult an attorney. The Court staff may not offer legal
advice, prepare your papers, or act as your attorney. If
the applicant is on parole, discuss this matter with the
parole officer.

Type or print using black ink only.

If the certificate is to be issued by a court, the application
must be submitted to the proper court, for example, if the
offender pled guilty to a Superior Court Information (SCI)
before a County Court Judge or Acting County Court Judge,
you must submit the application to the County Court. You
may need to consult an attorney, request a criminal history
search, or contact the court in person or by telephone to
get the appropriate details to complete the form.

It is helpful, but not required, to submit a self addressed
envelope with your application.

If you complete the DPCA-52 Application ...for a Certificate form
using your computer, you may also print out a proposed DPCA-53 Certificate
of Relief for the judge to sign. The Certificate is
not valid until signed and sealed with a Judge's endorsement.

Print or type the applicant's last name,
first name, and middle initial.

Write the street number and street address,
city, state, and zip code of the applicant.

Write the applicant's New York State
Identification (NYSID) Number, if known.

Check the box marked "male" or "female" depending
on the applicant's sex.

Write in whether the applicant is Black,
Caucasian, Hispanic, etc.

Write in the applicant's height in feet
and inches.

Write the applicant's date of birth (month,
day, and year).

List the crime(s) or offense(s) which
the applicant was convicted of or plead to.

Write the date of the applicant's arrest
for the crime.

Write the date of the applicant's sentence
for this crime.

Write in the name of the Court Part,
Term, and judge's name in which the applicant was sentenced.

Check "a" if the relief is
request from the court listed in #11.

Write the issue date of original certificate
if the certificate being applied for is intended to replace
an existing certificate. If this application is not, check
the box marked "non-applicable."

Check the appropriate box a, b, or c,
depending on what reliefs are being requested by the applicant
(see below)

If the applicant is seeking to obtain
a commercial driver’s license to operate a
taxi after a DWI conviction, check box C and after
the word enumerated, print “Relieves licensee
of disability imposed by Vehicle and Traffic Law
section1196 (7)(g).”

If the applicant is seeking to obtain
a driver’s license after being convicted of
Driving Without Insurance, check box C and after
the word enumerated, print “relieves licensee
of disability imposed by Vehicle and Traffic Law
section 530 (5).”

If the applicant is seeking to obtain
a license to own or carry a firearm after a criminal
conviction, check box C and after the word enumerated,
print “relief from disability barring registrant
from obtaining a valid New York State license to
carry a firearm.”

If the applicant is seeking to obtain
permission to adopt a child after a criminal conviction,
check box C and after the word enumerated, print “relief
to registrant of disability barring adoption and
its proceedings.”

If the applicant is seeking to obtain
or renew a professional license after a criminal
conviction, check box C and after the word enumerated,
print “to enable registrant to obtain or renew
my professional license as," insert the type
of license, for example:

Real estate salesman license

stock broker license

to be accepted for registration
by the NASD for the year 2000 and all
future years

It is helpful, but not required, to submit a self addressed
envelope with your application. The Application rarely takes
more than eight weeks to process by the Suffolk District
Court.

Note: Effective
September 30, 2005, the law has changed in regards to Certificates
of Relief and applications for a Commercial Drivers Licenses
after DWI convictions. For more information, please see memo
M-15/P-25 of 2005 from
the Commissioner of Motor Vehicles to New York Enforcement Agencies
and Magistrates.